MassVoter.com← Harwich Select BoardHarwich Select Board · 2020–2021 Board · Regular meeting
May 12, 2021
7 recorded votes, 4 with disagreement.
Sources: Official minutes (PDF)
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Attendance
Present: Larry Ballantine, Donald Howell, Michael MacAskill, Edward McManus
Absent: Stephen Ford
Every vote, in order
They open the public hearing and read the - public hearing notice
That they open the public hearing and read the - public hearing notice. The Board of Selectmen of the Town of Harwich, will hold a Public Hearing on Monday, March 22, 2021, for the purpose of hearing applications for renewal of the Annual Entertainment and Seasonal All Alcoholic Beverages licenses for Port Restaurant and Bar, Inc., 541 Route 28 in Harwich Port. The Board will hear evidence and testimony from interested parties, including from members ' of the public, and will decide whether to renew, not renew or to modify said licenses. - The hearing will be held via remote video streaming only. All members of the public having an interest in the topic are cordially invited to log-in and view the hearing. Information for logging into and viewing the hearing is below and will be posted on the Town's website prior to the hearing. Mr. MacAskill provided the GoToMeeting. access code and information. He pointed out that the original hearing date was March 22"4 it's been moved, or continued, up until tonight May 12", 2021, no earlier than 5:30 pm. Mr. Ballantine asked for a roll call vote.to open the public hearing
The minutes say "he moved"; the mover shown is the member named just before (Michael MacAskill).
From the minutes
“he moved that they open the public hearing and read the - public hearing notice. The Board of Selectmen of the Town of Harwich, will hold a Public Hearing on Monday, March 22, 2021, for the purpose of hearing applications for renewal of the Annual Entertainment and Seasonal All Alcoholic Beverages licenses for Port Restaurant and Bar, Inc., 541 Route 28 in Harwich Port. The Board will hear evidence and testimony from interested parties, including from members ' of the public, and will decide whether to renew, not renew or to modify said licenses. - The hearing will be held via remote video streaming only. All members of the public having an interest in the topic are cordially invited to log-in and view the hearing. Information for logging into and viewing the hearing is below and will be posted on the Town's website prior to the hearing. Mr. MacAskill provided the GoToMeeting. access code and information. He pointed out that the original hearing date was March 22"4 it's been moved, or continued, up until tonight May 12", 2021, no earlier than 5:30 pm. Mr. Ballantine asked for a roll call vote.to open the public hearing. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried to open the meeting, by unanimous vote.” (Motion: MacAskill)
They take five minute recess
That they take five minute recess. Mr. Tomlinson said that he would ask that Mr. Blake refrain from any ex parte communications, with any member of the Board, during the recess. Board of Selectmen - Public Hearing ( Mr. Blake said that he is their attorney, and will communicate with anybody that he feels appropriate. He said that he will not violate the open meeting law, but this ex parte communications is not relevant. He said that it is a word that Mr. Tomlinson and Mr. Kelley have thrown out, along with unconstitutional and the like, and he would suggest that they take a five minute recess so that they can discuss this. Mr. Ballantine said that they have a motion and a second
From the minutes
“Mr. Howell moved that they take five minute recess. Mr. Tomlinson said that he would ask that Mr. Blake refrain from any ex parte communications, with any member of the Board, during the recess. Board of Selectmen - Public Hearing ( Mr. Blake said that he is their attorney, and will communicate with anybody that he feels appropriate. He said that he will not violate the open meeting law, but this ex parte communications is not relevant. He said that it is a word that Mr. Tomlinson and Mr. Kelley have thrown out, along with unconstitutional and the like, and he would suggest that they take a five minute recess so that they can discuss this. Mr. Ballantine said that they have a motion and a second. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: Howell)
Close the public hearing
To close the public hearing
From the minutes
“Mr. Howell moved to close the public hearing. Seconded by Mr. MacAskill. Mr. Blake said that they can close the public hearing, and then he can provide them with the standard. He will add that Mr. Tomlinson mischaracterized what he had told them with respect to the entertainment license, and said that the standard is not the Ballarin Factor, and he had never suggested that, this time around. He said that they can close the public hearing portion and then he will provide them with the standard for the entertainment license for their deliberation of the entertainment license and the violations found by the ABCC inspectors. Mr. Howell said that he still made that motion, in so far as they can confer with their lawyer, and he is not testifying after this. Mr. Ballantine said ok and asked if they had a second. Mr. MacAskill confirmed he had seconded. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: Howell, second: MacAskill)
There has been sufficient finding of facts to uphold the Town Administrator's findings that liquor license violations occurred at the Port Restaurant
That there has been sufficient finding of facts to uphold the Town Administrator's findings that liquor license violations occurred at the Port Restaurant
The minutes say "He moved"; the mover shown is the member named just before (Donald Howell). The minutes record this motion but no vote on it.
From the minutes
“He moved that there has been sufficient finding of facts to uphold the Town Administrator's findings that liquor license violations occurred at the Port Restaurant..” (Motion: Howell)
Ballantine said that they have a motion and a second and he will take a > roll call vote
Ballantine said that they have a motion and a second and he will take a > roll call vote
The minutes do not say who made this motion.
From the minutes
“Ballantine said that they have a motion and a second and he will take a > roll call vote. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.”
Ballantine said that they have a motion and a second, and said they would do a roll call vote
Ballantine said that they have a motion and a second, and said they would do a roll call vote
The minutes do not say who made this motion.
From the minutes
“Ballantine said that they have a motion and a second, and said they would do a roll call vote. Roll Call Vote: Mr. MacAskill - Aye, Mr. McManus - Aye, Mr. Howell - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.”
They adjourn at 7:51 pm
That they adjourn at 7:51 pm
From the minutes
“Mr. MacAskill moved that they adjourn at 7:51 pm. Seconded by Mr. Howell. Roll Call Vote: Mr. Howell - Aye, Mr. McManus - Aye, Mr. MacAskill - Aye, Mr. Ballantine - Aye. Motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)
From the Harwich Select Board’s official minutes, posted on the town’s agendas and minutes portal (2025 on) and its archived Agendas & Minutes page (2012–2024). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: The Cape Cod Chronicle (William F. Galvin and file photos) and the Handler For Harwich campaign website.
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